Schmitt v. Milwaukee Street Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: R. N. Austih, Judge. This action was brought by tbe plaintiff to recover from tbe defendant damages claimed to bave been sustained by bim by being expelled by tbe defendant’s conductor from one of its cars.
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Appeal from a judgment of tbe superior court of Milwaukee county: R. N. Austih, Judge. This action was brought by tbe plaintiff to recover from tbe defendant damages claimed to bave been sustained by bim by being expelled by tbe defendant’s conductor from one of its cars. Tbe plaintiff, in bis complaint, claimed that be bad paid bis fare; that tbe conductor in charge of tbe car again demanded fare of bim, and upon bis refusal to pay it seized tbe plaintiff by tbe collar and threw bim off tbe car so that be fell to the ground; that tbe said assault and battery was committed in tbe presence of…
1Opinion of the CourtEiNNbt, J.
The instructions of the court upon what effect should be given to the evidence, in certain respects, we think, were erroneous.
*1981. Tbe jury were instructed, in substance, that tbe testimony of “a greater number of credible witnesses whose statements are reliable, on one side, may be considered of more reliance and more worthy of confidence and trust than the testimony of a lesser number of witnesses of equal credibility.” This instruction was' misleading, particularly in relation to a transaction like the one under consideration, where often no two witnesses see it at the same moment or from the…
2Cases cited3 opinions
- Mercer v. WrightWisconsin Supreme Court · 1854
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
- Morely v. DunbarWisconsin Supreme Court · 1869
3Cited by7 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Rosenberg v. MurrayCourt of Appeals for the D.C. Circuit · 1940
- Anderson v. SparksWisconsin Supreme Court · 1910
- Sletten v. MadisonWisconsin Supreme Court · 1904
- Birmingham Railway, Light & Power Co. v. NorrisAlabama Court of Appeals · 1911
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